Bill S6623-2011

Extends time limitations for certain actions arising contact with or exposure to phenoxy herbicides while serving as a member of the armed forces

Extends time limitations for certain actions arising from injury or death caused by contact with or exposure to phenoxy herbicides while serving as a member of the armed forces of the United States in Indo-China.

Memo

TITLE OF BILL: An act to amend chapter 266 of the laws of 1981, amending the civil practice law and rules relating to time limitations, in relation to extending time limitations for certain actions

PURPOSE: This legislation would extend from June 16, 2012 to June 16, 2014, revival of time barred causes of action for an injury or death caused by contact with or exposure to phenoxy herbicides for those persons serving as members of the armed forces in Indo-China from February 28,1961 through May 7, 1975.

SUMMARY OF PROVISIONS: Section one of the bill amends section 4 of Chapter 266 of the laws of 1981, stating that the revival of time barred phenoxy herbicide personal injury or death cause of action would be extended to June 16, 2014.

Section two of the bill states the effective date.

JUSTIFICATION: In enacting Chapter 266 of the Laws of 1981, it was the intent of the Legislature, pursuant to the provisions of McKinney's Statute Section 59, to revive any actions for personal injury or death caused by contact with or exposure to phenoxy herbicides, such as Agent Orange, which are barred because the applicable period of limitations has expired.

The Legislature found that there is credible scientific evidence that exposure to these toxic substances has caused serious physical disabilities, The legislature also found that the citizens of the state who were exposed to these substances have been denied access to the courts.

The Legislature further found that in the interest of justice, the claims of the veterans of the Vietnam era should not be prohibited by the holding that a cause of action accrues, and the statute of limitations commences to run from the "date of injury". The obstruction to the prosecution of legitimate claims by individuals who served in Indo-China should be remedied by a discovery statute of limitations.

The Legislature further finds that the compelling circumstances present indicate a strong moral obligation by the State to revive the time barred causes of action that have accrued in favor of citizens of this State who served in the armed forces during the Vietnam era, and had been exposed to and had come into contact with toxic chemical

substances, and suffered severe physical disabilities which were undetected or undiscovered in later years.

It is imperative that New York State continues to provide an avenue of redress for those people who have been injured by exposure to toxic chemicals.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________
6623
IN SENATE
March 6, 2012
___________

Introduced by Sen. BALL -- read twice and ordered printed, and when
printed to be committed to the Committee on Veterans, Homeland Securi-
ty and Military Affairs
AN ACT to amend chapter 266 of the laws of 1981, amending the civil
practice law and rules relating to time limitations, in relation to
extending time limitations for certain actions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 4 of chapter 266 of the laws of 1981, amending the
civil practice law and rules relating to time limitations, as amended by
chapter 118 of the laws of 2010, is amended to read as follows:
S 4. Every cause of action for an injury or death caused by contact
with or exposure to phenoxy herbicides while serving as a member of the
armed forces of the United States in Indo-China from February 28, 1961
through May 7, 1975, which is or would be barred prior to June 16, 1985,
because the applicable period of limitation has expired is hereby
revived and extended and any action thereon may be commenced and prose-
cuted provided such action is commenced not later than June 16, [2012]
2014.
S 2. This act shall take effect immediately.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13246-01-1

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